Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-11-13

court and contesting the proceedings loI
themselves alone in matter where the
principal really had no interest. An
direction is made TO the Judgment fnel
because same WAS rendered at Criminal
and not G civil term Ct the County court
| Held: This is the ordinary general rule.
but 10 it the County court OF Titus county
appears TO have been made al exception
under the lsw restoring and defining Its
jurisdiction. General Laws 18Th Leg
o. 81 We fad no error in this record
for which reversal Of the judgment
should be had and it IS therefore affirmed.
White, P. J.
| Green Msssepg5!e vs.. the State; sppeal
! from Robertson county. Appellant was
convicted for the murder OF John Mitchell
| in the court below, bis counsel iaterposed
| In his behalf the defense Of insanity st.
! ing 81 the time of the commission of the
| homicide. Ia this court counsel for de-
| tend&nt makes two objections to the
| charge Of the court below. First, b .csu Sc
after the court in one paragraph of the
charge had instructed the jury that every
man is supposed to be sane and RESPONSE
| Die for bis acts until the contrary is
shown to the satisfaction OF the jury,
sgain instructed them in a subsequent
paragraph that the burden of proof was
upon the defendant to establish
! insanity. 2. Becauee the court omitted
to instruct the Jury that if they should
scquit the defendant on the ground OF in
sanity they should SO state in their YER
dict Held: The position Of fhe charge
| to which the first objection is urged is 8
correcr exposition of the law. We do
not think the second objection sub
= hn NlI-
to give such charge, Sill failure TO do
so where it does not appear that the
right of the defendant were probably in
gAyded as error.
| But in the case before us we think the
| insanity OF the defen d8nt WAS clesrly es-
t6blished by the evid ence, and thsS the
verdict OF the jury is contrary to the
setting aside the verdict upon motion Of
defendants counsel, and because OF this
error the judgment is reversed and the
cause Temanded. Wilson, j.
Bob White vs.. the State; appeal from
Raines. Conviction for theft OF stoBe
coal. The complaint alleged that the coal
"Was the property of the NO. ?. RWay
Company" and that it YVES taken
''fro ~ the possession Of Temple, who
was holding the same for the said
Nc. 2. Ry Company, or either
Of them, ard with the intent to de-
prive the said Mo. P. RY Com
pany Of the vsius OF the same" etc. A
motion was made in the court below to
quash the complaint because: l. Ihera
is a fatal variance between the comp aint
and information as to the name OF the
| owner. 2. That neither the complaint
nor information sufficiently describes the
owner, and that the letters used are not
sufficient TO describe the Missouri P5c tic
r lilWsy Company, SIS seems to have been
! Intended; and s. That il did not allege
| 5hat said railway is duly Incorporated.
Held: That as TO the complaint we think
! IFS allegations are Inconsistent and re-
pugnant in themselves. In one place il
is alleged that the property belonged
TO the COMO. P. Rw&y;" in an
other that that 1t was the property Of the
ONO. P. Ry." The former appel
lation is used in the complaint, the
latter il the information. Held: Fatally
detective. Further held: That IL WaS
necessary TO slIege that said r6ll1aY
company was duly Incorporated. We ere
Of opinion that such allegation is requiS-
tie, and 20 say the least Of it is beyond
doubt the better practice. This court
cannot say what the emo. 2.
Rway Company IS. The motion to
qu4sh WAS well taken. Reversed and
dismissed. White, 2. j.
JESS Martin VS.. the State; appeal from
L ines. This is a companion Case to that
Of Boz White, above. Appellant WAS
| tried upon identically the same complaint
and information. For the reasons dis
cussed and decided IN the White case,
| the Judgment in this case is reversed and
| the prosecution dismissed. White, 2. j
ST. Louis, Arkansas and Texas Railway
VS.. j ohm NJ. Harris; appeal from Hopkins.
Appellee recovered Judgment against sp-
pelI6nt for 5000, damages for injury
doGe by stock TO his crop and land by
reason Of appellant having left down the
fence il constructing its road through
appellee's farm. Appellant offered IN evil
depCe q written release executed By APP
peilee On April %, 1887, reciling IN suo-
stance that in consideration Of $75 paid
appellee by appellant, the former released
and exempted the latter from building
cattle guards on its right Of way where
said right Of way was located on appel
lees land, and agreeing lot to hold ap
pellant liable for any damage that mig0G
accrue from such release and exemption,
and agreeing to build good apd lawful
fence along appellants right OF way in
front of appellee's farm. Upon objection
this release YVES not permitted TO be read
in evidence, and this ruling is assigned g.
error. Held: It is shown that the dam
ages sued for by appellee accrued
prior to the execution Of said release.
Such being the case, the release was
properly excluded. 1t is apparent from
the language of tue release that its operaS
ton was intended by the parties to De Ia
futuro. Nd error. Affirmed. Wilson, J
81. Louis, Iron Mountain and Southern
Railway Company VS.. Berryhill; appeal
from Bowie. Appellee purchased
ticket from Texarksna to Clear Lake and
return. Clear Lake was flag station on
appellants line of railway, wnere trains
stopped only when signalled to 90 SO. The
petition alleged that appellee tagged Or
sig1alled the train, and that tnOse IN
charge OF the train saw the signal and re-
fusel TO obey it, and that plaintiff was
forced to walk back to Texarkana, q dis
lance of eight miles. The evidence
shows that app lee was carried to Gear
Lake for the purpose Of hunting, aud tha',
desiring to return, he repaired 80 Clear
Lake to take passage on said trsin.
There was another person with appellee,
ard when they saw the train coming they
siguaIed appellee with white pocket
handkerchief and the other person with
black valise. No other signals than these
were used, ana the train did not stop.
The engineer in charge Of the train testi-